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2025 DAILYLAW 37242 (ALL)

JITENDRA AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/11198/2025 · 2025-04-15

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56255 Court No. - 35 Case :- WRIT - C No. - 11198 of 2025 Petitioner :- Jitendra And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for following relief:- "I. Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2/ Tehsildar, Tehsil Hata, District Kushinagar to decide the Case No. 710, (Jitendra and others Vs. Lallan), under Section 34 of U.P. Land Revenue Act, 1901, within stipulated period or within time as fixed by this Hon'ble Court." 3. Contention of learned counsel for the petitioner is that on 08.09.2005, respondent No. 4 has moved a restoration application before respondent No.2, which is pending consideration. He prayed that same may be decided expeditiously. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 2- Tehsildar, Tehsil Hata, District Kushinagar to consider and decide the restoration application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 16.4.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad